Fresh Express Salad Recall Lawsuit in 2024 (Updated Daily)

Fresh Express salads have been involved in multiple contamination incidents, leading to recalls and serious health concerns.

This article will detail the most recent recalls, the legal options available to consumers, and the steps taken to address these issues.

Fresh Express Salad Recall Lawsuit Update 2024

In February 2024, Fresh Express initiated a recall of two salad kits—Salsa! Ensalada and Marketside Southwest Chopped Salad—due to potential contamination with Listeria monocytogenes. The contamination was traced back to a cheese supplier, Rizo-Lopez Foods, Inc.

The recall, which affects products with use-by dates ranging from January 6 to February 20, 2024, spans several states, including Alabama, California, and Florida. Listeria poses a serious health risk, especially to young children, the elderly, and those with weakened immune systems, prompting the company to advise consumers to discard any affected salad kits immediately.

From a legal perspective, individuals who fell ill after consuming the contaminated salads may have grounds to file a lawsuit against Fresh Express.

These lawsuits may cover medical expenses, lost wages, and other damages related to illness. Consumers who have experienced health issues after eating the recalled products are encouraged to seek our legal counsel for potential compensation.

Wal-Mart Issues Fresh Express Recall After Dead Bat Found in Salad Mix

November 29, 2022 – Walmart Issues Fresh Express Recall After Dead Bat Found in Salad Mix On November 29, 2022, Walmart recalled Fresh Express Organic Marketside Spring Mix from stores across the Southeastern U.S. after a dead bat was found inside a package, according to the Miami Herald.

Two people discovered the bat while eating the salad. However, the CDC could not determine if it had rabies due to the bat’s deteriorated condition.

Although the chance of rabies transmission is “minimal” through dead animal body parts, the recalled product was sold in an affected region, including Florida, Georgia, and Virginia. Consumers who purchased the salad should discard or return it to the store.

Related Article: Listeria Infection Outbreak Lawsuit Update

Fresh Express Salad Recalled for Listeria Contamination

According to the FDA, Fresh Express recalled dozens of varieties of its branded and private label fresh express bagged salads produced at the company’s Streamwood, Illinois facility because the product could be contaminated with Listeria monocytogenes [1].

In December 2021, Fresh Express recalled dozens of varieties of their branded and private-label bagged salads due to potential contamination with Listeria monocytogenes. The recall affected the U.S.’s Northeast and Midwest regions and Canadian retailers.

The Michigan Department of Agriculture identified the issue through a random Fresh Express Sweet Hearts Salad Mix sample. The U.S. Centers for Disease Control and Prevention (CDC) has since reported ten related illnesses dating back to 2016.

Recalled Products:

• Fresh Express 9 oz. Sweet Hearts Salad Mix
• Additional private-label brands from various retailers in the region

Fresh Express Caesar Salad Kit Recall

According to the FDA, Fresh Express recalls cases of expired 10.5 oz. Fresh Express Kit Caesar Supreme [2] with a Use-by Date of November 8, 2020, and Product Code S296 because it may be contaminated with Escherichia coli STEC 026 bacteria.

The recalled salads were distributed to the following states: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, North Dakota, New Mexico, Nevada, Oregon, Texas, Utah, Washington, and Wyoming. This recall began on November 17, 2020.

Fresh Express Salads Recalled Over Cyclospora Contamination

According to an FDA Recall Notice issued 6/29/20, Fresh Express recalls the following salads produced at its Streamwood, Illinois, facility over potential contamination with cyclosporine [3].

Notable Recalled Products:

• Fresh Express Chopped Kit Southwest
• Fresh Express Fancy Greens
• Fresh Express Veggie Lover’s Salad

The recalled salads were distributed to retail stores in the following locations between June 6 and June 26, 2020:

• Arkansas
• Connecticut
• Delaware
• Iowa
• Illinois
• Indiana
• Kansas
• Kentucky
• Massachusetts
• Maryland
• Maine
• Michigan
• Minnesota
• Missouri
• Montana
• North Carolina
• North Dakota
• Nebraska
• New Jersey
• New York
• Ohio
• Oklahoma
• Pennsylvania
• Rhode Island
• South Dakota
• Tennessee
• Virginia
• Vermont
• Wisconsin
• West Virginia
• District of Columbia

According to the Centers for Disease Control and Prevention (CDC), more than 200 illnesses have been reported in connection with an outbreak of Cyclospora occurring in the Midwest U.S. states [4].

E. Coli Outbreak Linked to Romaine Lettuce, Leafy Greens Over

CDC is reporting that the outbreak of E. coli infections linked to Fresh Express Sunflower Crisp Chopped Salad Kits appears to be over, as the products that made people sick in the outbreak are no longer on the market [5].

This outbreak and a larger multi-state outbreak linked to romaine lettuce from Salinas, California, all shared a common lettuce supplier with ranches in Salinas.

Although this grower was determined to be a common supplier for all 3 outbreaks based on available evidence, the romaine lettuce from this grower does not explain all the illnesses reported in the 3 outbreaks.

What’s The Problem?

The U.S. Centers for Disease Control and Prevention (CDC) warns consumers to avoid Fresh Express Sunflower Crisp Chopped Salad Kits after they were linked to an outbreak of E. coli infections that has sickened at least 10 people in 5 states [6].

Of those sickened, at least 4 people were hospitalized for complications of E. coli, and 1 person developed hemolytic uremic syndrome, or HUS, a life-threatening form of kidney failure.

The outbreak strain of E. coli linked to Fresh Express Salads differs from the one associated with romaine lettuce grown in Salinas, California.

However, preliminary tests suggest the contaminated ingredient in the Fresh Express Salads may be lettuce sourced from the same area. CDC is continuing to investigate and will provide more information as it becomes available.

Legal Rights for Consumers Affected by Fresh Express Salad Recalls

If you or someone nearby has fallen ill after eating contaminated Fresh Express salads, you might be eligible for compensation.

This could cover medical bills, lost wages, and even pain and suffering. With multiple class-action lawsuits already filed over these contaminated products, it’s essential to understand your rights and how to take action.

Time Sensitivity: Act Before It’s Too Late

The statute of limitations places a strict time limit on filing claims for foodborne illnesses, which varies by state from 1 to 6 years. Missing this window could mean losing your chance to seek compensation, so acting promptly is crucial.

Potential Compensation

Compensation amounts in these cases can vary significantly, depending on the severity and impact of the illness.

Here’s a rough idea of potential compensation:

• Medical Expenses: Ranges from $5,000 to $100,000, depending on the level of care needed.
• Lost Wages: Ranges from $2,000 to $50,000, based on time missed from work.
• Pain and Suffering: This could reach between $10,000 and $500,000, depending on the extent and duration of the illness.

Key Documents to Keep

To strengthen your case, having thorough documentation is essential.

Here’s what you’ll need:

• Medical Records: Any records of diagnosis, treatments, or follow-up care related to the illness.
• Receipts for Medical Costs: Proof of expenses tied to your treatment and recovery.
• Employment Records: Documentation showing lost wages or time off work.
• Product Packaging: Save any labels or packaging from the contaminated salad, if available.
• Witness Statements: Statements from anyone who can confirm your experience and symptoms.

What to Do Now: Step-by-Step Checklist

1. Seek Medical Attention: If you haven’t already, see a doctor to get an accurate assessment and necessary treatment.
2. Document Everything: Track your symptoms, treatments, and any related communications in detail.
3. Preserve All Evidence: Collect and store the documents mentioned above to support your claim.
4. Consult an Attorney: Speak to a lawyer experienced in food safety cases to understand your options and build your case.
5. Report Your Illness: Consider notifying local health authorities to aid in tracking and managing the outbreak.
6. Stay Updated: Follow news on the recall and any ongoing lawsuits connected to Fresh Express salads.

Taking these steps can help ensure you’re well-prepared to pursue compensation and protect your rights after a contamination event.

E. Coli Symptoms

E. coli O157 infection often starts showing symptoms between 3 to 4 days after exposure, though in some cases, signs can appear as early as 1 day after consuming contaminated food. Symptoms vary in severity, and understanding these can help gauge when to seek medical help.

Early Symptoms (Mild to Moderate: 1-2 Days After Exposure)

• Mild Diarrhea: Initial diarrhea may be watery and can seem like general food discomfort. It’s often the first sign of infection but can quickly progress if untreated.
• Mild Abdominal Cramping & Pain: General stomach cramps or discomfort may accompany the diarrhea. These cramps are usually tolerable initially but may worsen over the next few days.

Progressive Symptoms (Moderate: 2-4 Days After Exposure)

• Moderate to Severe Diarrhea (Often Bloody): Diarrhea can become more intense, frequently turning bloody after the initial day or two. This is a key indicator of E. coli O157 and should prompt medical attention.
• Increased Abdominal Pain and Tenderness: The pain often sharpens and intensifies, with tenderness to the touch, indicating the infection is affecting the intestines.
• Nausea and Vomiting: Feeling nauseous or vomiting is common as the body tries to fight the infection. These symptoms can be debilitating and may worsen dehydration.

Severe Symptoms (3-7 Days After Exposure): Urgent Medical Attention Needed

• Severe Abdominal Cramping and Persistent Bloody Diarrhea: Severe cramping that limits movement and persistent bloody diarrhea indicate that the infection has intensified. Dehydration and weakness can quickly follow.
• Signs of Hemolytic Uremic Syndrome (HUS): In some cases, especially in children and the elderly, E. coli O157 can lead to HUS, a severe kidney condition. Symptoms include extreme fatigue, pale skin, decreased urination, and even confusion. Immediate medical care is essential if these signs appear.

If any of these symptoms develop, especially if they worsen over a few days, seek medical help. Early treatment is critical to avoid complications, particularly for young children, older adults, and anyone with a compromised immune system.

Source: Mayo Clinic [7].

CDC Recommendation

Health officials have advised consumers, restaurants, and retailers to discard all Fresh Express Salad Kits with a best-before date up to and including Dec. 7, 2019, and with the identification code UPC 0 71279 30906 4, beginning with lot code Z.

Under no circumstances should these salads be consumed, even if they look and smell normal, according to the CDC.

FAQs

Can Consumers Seek Compensation if They Became Ill After Eating Fresh Express Salads?

Yes, consumers who became ill after eating contaminated Fresh Express salads can seek compensation through legal action, covering medical expenses, lost wages, and other related damages.

What Actions Has Fresh Express Taken in Response to the Contamination Claims?

Fresh Express has initiated a recall, conducted thorough investigations, and is working with health authorities to ensure all affected products, including recalled salad kits, are removed from shelves to prevent further harm.

Are There Specific Fresh Express Salad Products That Were Recalled?

Yes, specific Go Fresh Express salsa and salad bag packaging label products were recalled due to contamination concerns. Consumers should check the recall list for affected products and avoid consuming them.

Related Articles:

• Fresh Express Spinach Recall Lawsuit
• McDonald’s Salad Lawsuit
• Veggie Recall Lawsuit

See all related food poisoning lawsuits our attorneys covered so far.

Do I Have a Fresh Express Salad Lawsuit?

The Food Poisoning Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on representing plaintiffs in Fresh Express Salad Lawsuits. We handle individual litigation nationwide and accept new E. coli cases in all 50 states.

If you or a loved one got sick after eating a Fresh Express salad, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit, and we can help.

References:

1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-announces-recall-fresh-salad-products-due-potential-health-risk
2. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-recalls-limited-quantity-expired-fresh-express-kit-caesar-supreme-due-potential-health
3. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-issues-precautionary-recall-products-containing-iceberg-red-cabbage-and-carrots
4. https://www.cdc.gov/parasites/cyclosporiasis/outbreaks/2020/index.html
5. https://www.fda.gov/food/outbreaks-foodborne-illness/outbreak-investigation-e-coli-salad-mix-december-2019
6. https://www.cdc.gov/ecoli/2019/o157h7-12-19/index.html
7. https://www.mayoclinic.org/diseases-conditions/e-coli/symptoms-causes/syc-20372058